Parents Furious As School Tests Students But Not Teachers For Drugs

[ShootSpeeders]

Get rid of teachers. Give the kids textbooks and tell them when the test will be. American teachers are the pits.

School District Institutes Drug Testing Policy for Seventh Graders But Not Employees - Patriot Rising

sep 24 2014
Parents of students at Groveport Madison Schools are posing a simple question about the district’s new random drug testing policy for students: If students are tested for drugs, then why not teachers?

The policy, according to a school statement, is “to provide for the safety of all students and to undermine the effects of peer pressure by providing a legitimate reason for students to refuse to use alcohol and illicit substances,” according to the news station.

Parents Sonja Brown and Tracy Collins believe the new policy sets a double standard for students, and forces them to consent to an unnecessary intrusion of privacy in order for their children to participate in after school activities.

“The principal said that she’s trying to hold these kids to a higher standard. How can you hold your kids to a higher standard that you’re not holding your employees to?” Collins questioned.

“To work just about anywhere, you have to pass a pre-employment drug screening. How it passes over a teacher, I don’t know,” Brown told 10TV.com.

 

[Moonglow]

They drug test in Benton county Arkansas also, if you refuse the test you are kicked out of school.
It's bullshit..They should be testing the govt. also..

 

[Delta4Embassy]

Fair point. Should test everyone if anyone at all. Not sure it's even legal to test for drugs. Seems like violation of the 4th and/or 5th Amendments. When police have tried that at sobriety checkpoints demanding dna be given they'd be sued and lost. Why a school can do the same thing is a good question.

 

[Delta4Embassy]

As I summon the relevant memory from mental disk (heh) think the only way schools can test for drugs legally is for optional activities like sports or extracurricular groups. But simple school attending and classes you couldn't test.

 

[SmarterThanTheAverageBear]

They drug test in Benton county Arkansas also, if you refuse the test you are kicked out of school.
It's bullshit..They should be testing the govt. also..

I agree, they should drug test everyone who works for the government OR receives any sort of "entitlement" from the government.

By the way, did you know public school teachers work for the government

 

[Delta4Embassy]

"Board of Education v. Earls, 122 S.Ct. 2559 (2002): The Supreme Court held constitutional an Oklahoma school policy of randomly drug testing students who participate in competitive, non-athletic extracurricular activities. In reversing a federal court ruling, the 5-4 Court stated in its majority opinion that it found such a policy "a reasonably effective means of addressing the school district's legitimate concerns in preventing, deterring and detecting drug use." In her dissent, Justice Ginsberg wrote that "the particular testing program upheld...is not reasonable, it is capricious, even perverse." "
Student Drug Testing Relevant Case Law American Civil Liberties Union

 

[JakeStarkey]

shut up, speeders, you are nothing but a loose cannon with low grade but unstable powder. the only injury you will cause will be to yourself.

However, teachers should be randomly tested.

Teachers, if the students have a dress code, should have it as well.

Tell them they can complain about after hours but will support the policy during working time. End of story.

 

[ShootSpeeders]

Fair point. Should test everyone if anyone at all. Not sure it's even legal to test for drugs. Seems like violation of the 4th and/or 5th Amendments. When police have tried that at sobriety checkpoints demanding dna be given they'd be sued and lost. .

If they can take your fingerprints they can take your DNA.

 

[Delta4Embassy]

Fair point. Should test everyone if anyone at all. Not sure it's even legal to test for drugs. Seems like violation of the 4th and/or 5th Amendments. When police have tried that at sobriety checkpoints demanding dna be given they'd be sued and lost. .

If they can take your fingerprints they can take your DNA.

If taking your fingerprints you've been arrested in which case you loose some constitutional rights temporarily.

 

[ShootSpeeders]

"Board of Education v. Earls, 122 S.Ct. 2559 (2002): The Supreme Court held constitutional an Oklahoma school policy of randomly drug testing students who participate in competitive, non-athletic extracurricular activities. In reversing a federal court ruling, the 5-4 Court stated in its majority opinion that it found such a policy "a reasonably effective means of addressing the school district's legitimate concerns in preventing, deterring and detecting drug use." In her dissent, Justice Ginsberg wrote that "the particular testing program upheld...is not reasonable, it is capricious, even perverse." "
Student Drug Testing Relevant Case Law American Civil Liberties Union

There is nothing in the federal constitution about schools and thus schools are a state matter according to the tenth amendment. Federal judges should not be involved in this. THINK

 

[JakeStarkey]

speeders, you shut up and think why you are wrong.

 

[SmarterThanTheAverageBear]

"Board of Education v. Earls, 122 S.Ct. 2559 (2002): The Supreme Court held constitutional an Oklahoma school policy of randomly drug testing students who participate in competitive, non-athletic extracurricular activities. In reversing a federal court ruling, the 5-4 Court stated in its majority opinion that it found such a policy "a reasonably effective means of addressing the school district's legitimate concerns in preventing, deterring and detecting drug use." In her dissent, Justice Ginsberg wrote that "the particular testing program upheld...is not reasonable, it is capricious, even perverse." "
Student Drug Testing Relevant Case Law American Civil Liberties Union

There is nothing in the federal constitution about schools and thus schools are a state matter according to the tenth amendment. Federal judges should not be involved in this. THINK

Are you EVER right, about ANYTHING?

Whether the DoE is constitutional or not has NO bearing on this matter.

If the people suing were claiming it violated state constitutions they would file in state court, the COTUS, federal court. State courts aren't even supposed to rule things constitutional or not, even though they sometimes try to.

 

[C_Clayton_Jones]

"Board of Education v. Earls, 122 S.Ct. 2559 (2002): The Supreme Court held constitutional an Oklahoma school policy of randomly drug testing students who participate in competitive, non-athletic extracurricular activities. In reversing a federal court ruling, the 5-4 Court stated in its majority opinion that it found such a policy "a reasonably effective means of addressing the school district's legitimate concerns in preventing, deterring and detecting drug use." In her dissent, Justice Ginsberg wrote that "the particular testing program upheld...is not reasonable, it is capricious, even perverse." "
Student Drug Testing Relevant Case Law American Civil Liberties Union

There is nothing in the federal constitution about schools and thus schools are a state matter according to the tenth amendment. Federal judges should not be involved in this. THINK

Ignorant nonsense.

This is a 4th Amendment issue, where states and local school districts are subject to its jurisprudence; and as correctly noted, it's Constitutional for students to be drug tested.

The case law regarding random drug tests for teachers is not clear, however, where some courts have invalidated such policies, and other courts have upheld the tests as Constitutional:

'Three landmark Supreme Court cases address the issue of random, suspicionless drug testing of employees (Chandler v. Miller, 1997; National Treasury Employees Union v. Von Raab, 1989; Skinner v. Railway Labor Executives Association, 1989). In these cases, the Court held that while urinalysis drug testing does intrude on a public employee’s expectation of privacy, that expectation can be trumped by the articulation of a compelling governmental interest—the need for a safe and drug-free workplace, particularly for those employees in “safety sensitive” positions.

Applying these precedents, courts have regarded random and suspicionless drug testing of teachers with mixed views. In 1998, the Fifth Circuit struck down a Louisiana school board’s urinalysis drug testing policy for teachers on the argument that the “special needs” of the education workplace are different from those of the railway workers in Skinner, who were required to undergo testing after railroad accidents (United Teachers of New Orleans v. Orleans Parish School Board, 1998). According to the court, there were no such special needs. On the other hand, the Sixth Circuit, also in 1998, used the same precedent and upheld a similar policy; according to that court, teachers occupy “safety-sensitive” positions, and the lack of a demonstrated drug problem among the teaching staff was not relevant (Knox County Education Association v. Knox County Board of Education, 1998; see also Crager v. Board of Education of Knott County, 2004). The court also cited the in loco parentis doctrine and argued that the public interest in drug testing outweighed the teachers’ privacy interests in what was already a heavily regulated profession.'

Drug Testing of Teachers

 

[Moonglow]

See how the drug war has destroyed our right to privacy over the concerns of the state...But please blame Oblama or Bush...

 

[ShootSpeeders]

. State courts aren't even supposed to rule things constitutional or not, even though they sometimes try to.

According to the Supremacy Clause and the tenth amendment, both in the federal constitution, states have the sole authority to rule on whether a law complies with the federal constitution or not. THINK

 

[ShootSpeeders]

[

The case law regarding random drug tests for teachers is not clear, however, where some courts have invalidated such policies, and other courts have upheld the tests as Constitutional:

Case law? So you admit judges are writing laws even though the federal constitution says "all legislative powers herein granted shall be vested in a congress of the united states". THINK

 

[JOSweetHeart]

To me, everyone should be tested. When there is nothing to hide, no one minds.

God bless you always!!!

Holly